1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 804 N.W.2d
  5. 804 N.W.2d 409 (2011)
 

STATE v. JONES

No. 25646.

804 N.W.2d 409 (2011)

2011 S.D. 60

STATE of South Dakota, Plaintiff and Appellee, v. Christopher JONES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 21, 2011.

Reassigned June 21, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Ann C. Meyer , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

A. Jason Rumpca of Peterson, Stuart & Rumpca, PROF LLC, Beresford, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice (on reassignment).

[¶ 1.] Defendant was convicted of raping a twenty-three-year-old woman who testified that she was too intoxicated to have consented. He appeals asserting that although SDCL 22-22-1(4) does not explicitly include a knowledge element, the circuit court erred when it failed to instruct the jury that the State must prove that he knew that the woman's intoxicated condition made her unable to consent. Because mere silence by the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases